Visitor Question

Both drivers admit negligence?

Submitted By: Jason (Redding, CA)

I was driving and could not see the poorly adjusted red light, placed level with the red gas station lights, and I turned across traffic. (The signal isn’t clearly visible unless coming from the perpendicular direction to mine.) I was t-boned by another driver.

We both admitted to negligence, him saying he didn’t see the signal, and I the same. I was driving a friend’s car and him a company vehicle. He also acted intoxicated and officers implied he was speeding. No bodily injuries occurred.

What would be the best course of action after photographing the signal and crash scene? Whose insurance company pays for the damages? Any information you can give would be helpful. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jason,

Your facts seem to be a bit obscured. You mention you didn’t see the red signal, and the driver who “t-boned you also said he didn’t see the signal.”

In most cases, t-bone crashes occur when a driver is making a left turn and is hit by a driver proceeding in a perpendicular direction. Other t-bone crashes occur when a driver “runs” a red light, stop or yield sign, and another driver crashes into that driver.

The driver may have acted intoxicated to you, but in all practicality you had never met the driver before and didn’t know how he really acted. What may seem intoxicated to you may be perfectly normal for someone else. Moreover, you can be sure the police would have arrested the driver if he was intoxicated.

Your next fact is also obscure. You mention the police “implied he was speeding.” He either was speeding, or he wasn’t. If the police believed he was speeding they would have ticketed him.

There are too many implications and contingencies for us to afford you a credible answer. Take a look at the police report. The police report is normally the “gold standard” when it comes to assigning negligence and fault to drivers involved in car accidents.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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